Aird & Berlis

Brookfield Place, 181 Bay Street Suite 1800
Toronto, ON M5J 2T9, Canada

Contact: Karen Oliveira

  • 416.863.1500
  • 416.863.1515

Dealing with Conflicting Restrictive Covenants

In a recent case, Oxford Common Elements Condo Corp. No 73 (“OCECC No. 73”) v Greenbury, the Ontario Superior Court of Justice reaffirmed the principle that in instances of overlapping restrictive covenants, the least…more
| Commercial Law & Contracts, Zoning, Planning & Land Use, Real Estate - Residential

Disclosure By Developer Binds Condo Purchasers

Condominium purchasers often do not read the Disclosure documentation which accompanies their Agreement of Purchase and Sale. The Disclosure documentation is important because it contains information which may have an impact on…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential

Discrimination and Duty to Accommodate Disabled (Non-Compliant) Co-Op Member

In the recent case of Castlegreen Co-Operative Inc. v Carmichael, the court discussed the human rights issues at play when terminating the membership of disabled co-operative members…more
| Civil Rights, Commercial Law & Contracts, Real Estate - Residential

Condo Smoking Complaints

How far should the board go in accommodating unit owner complaints about smoking? In the case of Sharon MacKay v. Metropolitan Toronto Condominium Corp.2014, cigar smoke penetrated from one unit to the next and became…more
| Civil Rights, Commercial Law & Contracts, Personal Injury, Real Estate - Residential

Removing Unit Owners from Condo Units

What does it take for a condominium corporation to force the removal of a unit owner from a unit? We have previously written blogs on this topic, highlighting the unusual nature of the facts that give rise to a situation in…more
| Real Estate - Residential

Human Rights and Wrongs: Service Dogs and Accommodation

A federal judge in Florida has ruled that it is “wrong” and “absurd” for a Florida condominium association to initiate legal proceedings against a disabled resident after her service dog moved into her condo unit…more
| Civil Procedure, Civil Rights, Real Estate - Residential

Updated Forms Relating to Condominium Act

ServiceOntario has the most up-to-date forms available on their site, recently amended as per the Condominium Act. These forms are needed to comply with certain requirements of regulations made under the Condominium Act…more
| Real Estate - Residential

Multiculturalism Within Condo Communities

Choosing a condominium means living in a community in close proximity to hundreds of people. In Canada’s multicultural society, this condominium community will likely be ethnically, culturally, religiously and politically…more
| Civil Procedure, Constitutional Law, Real Estate - Residential

Oppression Remedy Claims: Condo Beware

A recent decision from the Ontario Superior Court of Justice sheds some new light on the broad discretion the Court has when making orders pursuant to the oppression remedy and serves as a warning to Boards considering changes…more
| Civil Remedies, Commercial Law & Contracts, Real Estate - Residential

Why Your Condominium Corporation May Be Liable For Builder-Developer’s Actions

Most condominium boards assume that their condominium would be constructed properly and meet the minimum standards set out in Ontario’s Building Code. Unfortunately, this is not always the case…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Zoning, Planning & Land Use, Real Estate - Residential

Cost Ramifications For Difficult Condominium Owner

In a recent post, we blogged about an owner who had engaged in inappropriate behaviour to such an extent that it constituted a breach of sections 117 and 119 of the Condominium Act. The court made a number of compliance orders…more
| Civil Remedies, Commercial Law & Contracts, Real Estate - Residential

Pest Control In Condo Units

Many of us have had experience with unit owners who refuse to provide access to their unit for pest control. We have dealt with unit owners who raise issues with respect to the type of pesticide that is being used. In certain…more
| Commercial Law & Contracts, Real Estate - Residential

Unplanned Condominium Repairs

The Ottawa Citizen recently reported about a 275-unit condominium building that was facing costs of approximately $15.3 million to complete a major overhaul of the entire brick and cladding façade to stop water penetration in…more
| Real Estate - Residential

Second-Hand Smoke In Condominiums

What are the responsibilities of a condominium corporation where second-hand smoke is emanating from one unit to another? Are there additional responsibilities where the complaining owner is allergic to cigarette smoke?…more
| Commercial Law & Contracts, Real Estate - Residential

Another Difficult Condominium Resident

In a recent post, we blogged about an owner who had engaged in inappropriate and abusive behaviour. In another recently-reported case, Wentworth Condo Corp. No. 34 v. Brendan Taylor and Samantha Jones, we see another…more
| Civil Remedies, Commercial Law & Contracts, Real Estate - Residential
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Areas of Practice
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Number of Attorneys

100+ Attorneys

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